MENSAH GYIMAH v. THE REPUBLIC

This appeal arises from the conviction of Kwaku Attakora Mensah Gyimah for negligent libel and sedition following his publication in the Ashanti Pioneer alleging pervasive corruption among Ghana’s Border Guards, including an asserted N¢2-per-print bribe and “free drinks” at the store of a trader known as Boham. Tried at the Kumasi High Court before Annan J. with assessors, Gyimah was convicted despite the assessors’ unanimous opinions of not guilty. On appeal, Anin J.S.C. (for himself and Apaloo J.S.C.) upheld the trial judge’s discretion to try with assessors, recognized Border Guards as an identifiable class capable of being defamed, and affirmed the sedition conviction under section 183(3) with seditious intention under section 183(11)(g), finding falsity and recklessness proved. However, the court identified a misdirection where the trial judge said there was “no evidence” supporting justification on negligent libel, despite record evidence naming alleged smugglers like Alhaji Issifu (Kotokoli), Meri, and Jacob Fordjuor that was not fully investigated. It therefore quashed the negligent libel conviction. Archer J.A. concurred, expressing misgivings about the statutory wording of section 183(11)(g) and the proof of recklessness, but ultimately agreed the sedition conviction should stand.